The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 17 April 2024
[1592/4/25]1
Act in favour of [George Keith], earl Marischal concerning the lands and goods of Master John Colville [of Strathurdie]
2Our sovereign lord and estates of this present parliament, considering that George, earl Marischal, upon the sudden being commanded by his highness to victual and equip the ships which conveyed his majesty's ambassadors direct to Denmark for contracting and completing of his highness's marriage, it necessitated him to take 2,605 merks upon the readiest of his lands and heritage, for the which he has paid profit continually since the equipping of the said ships, which was in the month of June 1589, extending to three years past at this last feast and term of Whitsunday [14 May 1592], the said yearly profit by the principal extending to 756 merks, and the stock and profit extending to 3,1063 merks; and because Master John Colville, sometime of Strathurdie, now forfeited in this parliament for crimes of treason and lese-majesty committed by him, became full debtor to Master James Wardlaw, cessioner and assignee constituted by the said Earl Marischal to the debt above-written in the said earl's name, for payment of the said principal sum as for a part of the readiest of the taxation then ordained to be uplifted for advancing of the honour of the said marriage and constituting himself proper debtor to the said Master James for that reason, whether he had obtained allowance of the same in his accounts or not, but the same being at his own desire thankfully allowed to him in his said accounts he was for non-payment of the said sum denounced rebel and put to the horn. Thereafter letters of caption were directed against him and other letters thereafter directed for rendering of his house under the pain of treason, which letters and charges he all contemptibly disobeyed, and now being forfeited for treason, his lands and goods are become in our said sovereign lord's hands as escheat, and seeing the sums disbursed by the said George, earl Marischal, and profit paid for the said principal sum were all disbursed in the honourable advancing of his majesty's affairs and in effect is his highness's own proper debt, which his majesty has means to pay by the said forfeiture, and otherwise is never able to be paid, to the said earl's great damage and hurt if remedy be not provided, therefore his highness and estates foresaid find, decree and declare that whosoever shall obtain the escheat of forfeiture of the said Master John's lands, rooms and possessions, shall be obliged to make the said earl and his assignee payment of the said sums, stock and profit extending to the said sum of 3,1564 merks, and ordain them to have execution on that account against the donators of the said escheat of forfeiture one or more jointly and severally, providing that if there be more donators than one, every one shall relieve others of the said sums proportionally according to the profit that they receive. And the said earl or his assignee foresaid being completely paid and satisfied of the sums above-written, our sovereign lord and estates foresaid decree and ordain Roger Ashton, gentleman in his highness's chamber, to be next answered by the donators of the said forfeiture of whatsoever sums of money due to him by the said Master John Colville, and to be preferred to all others of the said Master John's creditors.
- NAS, PA2/14, ff.10r-v.
- Written in margin: 'P'.
- Sic. Below the sum is 3,156 merks.
- Sic. Above the sum is 3,056 merks.